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2025 Supreme(Online)(AP) 7817

HIGH COURT OF ANDHRA PRADESH
VENUTHURUMALLI GOPALA KRISHNA, J
Telukut'a Naga Bala 'ndraja – Appellant
Versus
chennuboyina pedda Babu – Respondent
Transfer Civil Miscellaneous Petition (TRCMP) No: 192 of 2025



Advocates:
For the Appellants/Petitioners: SRI MADHAVA RAO NALLURI
For the Respondents: ---

The court granted an interim stay of divorce proceedings based on the petitioner's difficulty in attending court due to distance, ensuring her right to fair access to justice.

Headnote:(A) CPC - Section 151 - Transfer Petition - Interim stay granted in the proceedings of H.M.O.P No. 45 of 2025 due to matrimonial disputes and the difficulty faced by the petitioner/wife in traveling for hearings - The court directed for an interim stay until the next date of hearing. (Paras 1-3)

(B) Notice - Notice to be issued to the respondent regarding the interim stay issued by the court.

Findings of Court:
The petitioner faced difficulties in attending court due to the distance and required interim measures for relief.

Issues: The main issue was the necessity of staying the divorce proceedings for the petitioner’s convenience.

Ratio Decidendi: The court held that an interim stay was warranted based on the circumstances of the case to assist the petitioner/wife.

Result: Interim stay of proceedings granted.

Table of Content
1. interim stay issued to facilitate the petitioner's attendance in divorce proceedings. (Para 1 , 3 , 4)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT:

ONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRI IANo.1 OF2025 -=`,®.L±'f+__-i-`-te,`.`= lN TRCMP NO: 192 OF 2025 Between : •`.'L.-+, , _J`'\

•.-.: ,:c.,.,..}i;ft Telukut'a Naga Bala 'ndraja, W/o.Peddababu, aged about 31 years, Ocl6:ban+k Employee, Presently residing at Krishna Lanka, Nehru Nagar, Donka Road, D No.41-1/12-4A,Vijayawada, R/o.Sundaraiah Nagar, Tadepalli Village and Mandal, Guntur District.

...Petitioner(s)

(petitioner in TRCMP 192 OF 2025 on the file of High Court)

AND chennuboyina pedda Babu, S/o kotaiah, aged about 33 years, Occ Bank Employee, R/o.Dinnepuram, Chimakurthy Village and Mandal Prakasam Distr-let.

...Respondent(s)

(Respondents in-do-)

counsel for the petitioner : SRI MADHAVA RAO NALLURI Counsel for the Respondent :---

petit-Ion under section 151 CPC praying that in the circumstances Stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay all further proceedings in H.M.O.P No.45 of 2025 on the file of the court Of the Additional Civil Judge (Senior Division) Ongo'e, Pending disposal of TRCMP No. 192 of 2025, on the file of the High Court.

A -` tr The court while dI'reCting .issue Of notice tO the Respondents herein to show cause as to why this applid'ation should not be complied wI-th, made the followl|ng order.(The receipt of this order will be deemed to be the receipt of notice in the case).

ORDER ff Heard learned counsel for the petitioner.

Learned counsel for the petitioner contend that the petitioner is none other than the wife of the respondent/husband, clue to the matrI-mOnial disputes between both the spouses, the petitioner/wife has been residing separately at her parentsJ house at Tadepalli Village, Guntur District.

Learned counsel for the petI-tI-Oner WOuld further contend that, in view of the harassment made by the respondent, the petitioner/wife lodged a complaint against the respondent/husband and his family members, dated

06.05.2023, in F,I.RI No.36 of 2023, for the offences punishable under Sections 498-A, 427 & 324 of I.P.C. before Disha Police Station, ViJ-ayaWada. After completion on investigation, the same was registered as c.c.No.4691 of 2023 on the file of the lI Additional Chl-ef Metropolitan Magistrate, vijayawada, Krishna District and the same is pending for adjudication against the respondent/husband herel-n.

Learned counsel for the petitioner would further contend that to cause inconvenience to the petitioner/wife, the respondent/husband filed H.M.O.P.No.45 of 2025 on the file of the Additional Senior Civil Judge, ongole, Prakasam District, under section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also Pending for adjudication.I Learned counsel for the petI-tiOner WOuld further contend that the petitioner/wife has been residing separately and depending-upon the mercy of her parents at vijayawada. sI-nee the Petitioner being a woman, it is very difficult to her to travel from Vijayawada to ongole to attend the divorce case Proceedings before the Additional Senior Civil Judge, Ongole, T +. iZ .

frakasam DI-Strict, On each and every adjournment wI-thOut any male assistance and that she was constrained to fI-Ie the present transfer petition.

Perused the recordI Considering the submissions made by the learned counsel for the petitioner and for the reasons mentioned in the accompanying affidavI-I, there shall be an Interim stay of all further proceedl-ngs including the appearance Of the petitI-Oner herein i.e., the respondent in H.M.O.P.No.45 of 2025 on the file of the Additional senior civil Judge, Ongole, Prakasam DistrI-Ct, till 05.08.2025.

Learned counsel for the petitioner is permitted to take out personal notice to the respondent through Registered Post wI-

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